Civil Service Regulation Act, 1956

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Number 46 of 1956.

CIVIL SERVICE REGULATION ACT, 1956.

ARRANGEMENT OF SECTIONS

SCHEDULE.

Number 46 of 1956.

CIVIL SERVICE REGULATION ACT, 1956.

AN ACT TO MAKE PROVISION IN RELATION TO THE REGULATION, CONTROL AND MANAGEMENT OF THE CIVIL SERVICE. [19th December, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—(1) In this Act

“the Act of 1859” means the Superannuation Act, 1859 ;

“the Act of 1919” means the Superannuation (Prison Officers) Act, 1919 ;

“appropriate authority” has the meaning assigned to it by section 2;

“civil servant” means a person holding a position in the Civil Service, and includes a member of the staff of the Houses of the Oireachtas;

“the Civil Service” means the Civil Service of the Government and the Civil Service of the State;

“established civil servant” means a civil servant who is rendering established service;

“established position” means a position in which established service is rendered;

“established service” means service in a capacity in respect of which a superannuation allowance may be granted under the Superannuation Acts, 1834 to 1954;

“member of the staff of the Houses of the Oireachtas” does not include an officer of the Houses of the Oireachtas;

“the Minister” means the Minister for Finance;

“officer of the Houses of the Oireachtas” means a person being—

(a) the Clerk or Clerk-Assistant of Dáil Éireann or Seanad Éireann, or

(b) the Librarian or Assistant Librarian, Houses of the Oireachtas, or

(c) the Superintendent, Houses of the Oireachtas, or

(d) the Captain of the Guard, Houses of the Oireachtas;

“officer to whom the Act of 1919 applies” means a civil servant to whom subsection (1) of section 1 of the Act of 1919 applies;

“suspend” means, in relation to a civil servant, suspend from duty, and cognate words shall be construed accordingly;

“suspending authority” has the meaning assigned to it by section 3;

“transferred officer” has the meaning assigned to it by section 1 of the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929).

(2) A person, who is serving, on leave of absence without pay from the Civil Service, in a position not in the Civil Service, shall, notwithstanding his absence from the Civil Service, be, for the purposes of this Act, a civil servant and, if his position in the Civil Service was, immediately before his leave of absence commenced, an established position, he shall be, for the purposes of this Act, an established civil servant, notwithstanding that his service during leave of absence is not reckonable as service for the purposes of the Superannuation Acts, 1834 to 1954.

(3) References in this Act to any enactment shall be construed as references to that enactment as amended or adapted by any subsequent enactment.

(4) In this Act a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to another Act is intended.

“Appropriate authority.”

2.—(1) In this Act, “appropriate authority” means—

(a) in relation to a civil servant holding a position to which he was appointed by the Government, the Government,

(b) in relation to a civil servant who is a member of the staff of the Houses of the Oireachtas or an officer of the Attorney General, the Taoiseach,

(c) in relation to a civil servant who is a member of the staff of the office of the Revenue Commissioners, the Minister, or

(d) in relation to any other civil servant, the Minister of State by whom the power of appointing a successor to him would for the time being be exercisable.

(2) (a) The Taoiseach may delegate to the Chairman of Dáil Éireann the powers (except those in relation to any matter arising directly in connection with the business of Seanad Éireann) exercisable by him under this Act as the appropriate authority in relation to members of the staff of the Houses of the Oireachtas and, if he does so, then, so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Taoiseach, be exercisable by the person who is for the time being the Chairman of Dáil Éireann, and

(ii) that person shall, in lieu of the Taoiseach, be, for the purposes of this Act, the appropriate authority, as respects the exercise of those powers, in relation to members of the staff of the Houses of the Oireachtas.

(b) The Taoiseach may delegate to the Chairman of Seanad Éireann the powers, in relation to any matter arising directly in connection with the business of Seanad Éireann, exercisable by him under this Act as the appropriate authority in relation to members of the staff of the Houses of the Oireachtas and if he does so, then, so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Taoiseach, be exercisable by the person who is for the time being the Chairman of Seanad Éireann, and

(ii) that person shall, in lieu of the Taoiseach, be, for the purposes of this Act, the appropriate authority, as respects the exercise of those powers, in relation to members of the staff of the Houses of the Oireachtas.

(c) The Taoiseach may delegate to the Attorney General the powers exercisable by him under this Act as the appropriate authority in relation to officers of the Attorney General, and if he does so, then so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Taoiseach, be exercisable by the person who is for the time being the Attorney General, and

(ii) that person shall, in lieu of the Taoiseach, be for the purposes of this Act, the appropriate authority in relation to officers of the Attorney General.

(d) The Minister may delegate to the Comptroller and Auditor General the powers exercisable by him under this Act as the appropriate authority in relation to members of the staff of the office of the Comptroller and Auditor General, and if he does so, then, so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the person who is for the time being the Comptroller and Auditor General, and

(ii) that person shall, in lieu of the Minister, be, for the purposes of this Act, the appropriate authority in relation to members of the staff of the office of the Comptroller and Auditor General.

(e) The Minister may delegate to the Revenue Commissioners the powers exercisable by him under this Act as the appropriate authority in relation to members of the staff of the office of the Revenue Commissioners, and, if he does so, then, so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the persons who are for the time being the Revenue Commissioners, and

(ii) those persons shall, in lieu of the Minister, be, for the purposes of this Act, the appropriate authority in relation to members of the staff of the office of the Revenue Commissioners.

(f) The Minister of State by whom a delegation is made under paragraph (a), (b), (c), (d) or (e) of this subsection may revoke the delegation, but such revocation shall not affect any thing done, by virtue of the delegation, under this Act, and any thing so done shall continue in force and shall, for the purposes of this Act, have effect as if done by that Minister of State.

(3) Nothing in this section shall be construed as affecting the powers exercisable by the Revenue Commissioners under any enactment for the time being in force.

“Suspending authority.”

3.—(1) In this Act “suspending authority” means, in relation to a civil servant, each of the following—

(a) the appropriate authority in relation to that civil servant,

(b) a person who, by virtue of subsection (2) of this section, is for the time being a suspending authority in relation to that civil servant.

(2) The appropriate authority in relation to civil servants of a particular class (defined by reference to such matters as that appropriate authority thinks fit) may from time to time nominate a person holding a position in the Civil Service to be a suspending authority in relation to civil servants of that class, and any person so nominated shall, so long as the nomination remains in force, be a suspending authority in relation to a civil servant of that class.

(3) A nomination under subsection (2) of this section of a person to be a suspending authority may be by his name or by reference to his official position or by reference to him as one of a class of persons holding official positions of the same description as that held by him.

(4) Subsection (2) of this section shall, in its application to a civil servant who is a member of the staff of the Houses of the Oireachtas, have effect as if the reference therein to a person holding a position in the Civil Service included a reference to an officer of the Houses of the Oireachtas.

(5) The appropriate authority may, when making a nomination under subsection (2) of this section, attach to it such limitations and conditions as that appropriate authority thinks fit.

(6) The appropriate authority may at any time withdraw a nomination under subsection (2) of this section, but such withdrawal shall not affect any thing done, by virtue of the nomination, under this Act.

Exercise of powers under sections 6 and 7 in relation to members of the staff of the National Library of Ireland.

4.—The Minister for Education shall, before exercising, in relation to a member of the staff of the National Library of Ireland, the powers conferred by section 6 or 7, consult the Council of Trustees of the National Library of Ireland.

Tenure of office of established civil servants.

5.—Every established civil servant shall hold office at the will and pleasure of the Government.

Tenure of office of civil servants who are not established civil servants.

6.—The appropriate authority may, subject to section 4 (where applicable), terminate the services of a civil servant who is not an established civil servant.

Persons appointed on probation to established positions.

7.—Where the appropriate authority is satisfied that a civil servant, who has been appointed to an established position (in this section referred to as his probationary position) and who under his conditions of service is serving in a probationary capacity, has, at the conclusion of his probationary period or such (if any) extension thereof as the appropriate authority may from time to time fix, failed to fulfil the conditions of probation attaching to his probationary position, then, subject to section 4 (where applicable), the following provisions shall have effect—

(a) the appropriate authority shall, notwithstanding section 5, terminate the services of the civil servant, unless, immediately prior to his appointment to his probationary position, he held another position in the Civil Service;

(b) if the civil servant held, immediately prior to his appointment to his probationary position, an established position (in this paragraph referred to as his previous position), the appropriate authority shall terminate his appointment to his probationary position and, in that event, the civil servant may, if the Minister consents, forthwith be appointed to an established position (being a position which is, either, (i) in the same grade as that of his previous position, or (ii) in a grade or rank which, in the Minister's opinion, is equivalent to or lower than the grade of his previous position) to be designated by the Minister;

(c) where—

(i) the civil servant is appointed to an established position under paragraph (b) of this section, and

(ii) he held, immediately prior to his appointment to his probationary position, his previous position in a probationary capacity,

then, the established position to which he is appointed shall have attached thereto such conditions of probation and such other conditions as the Minister may fix;

(d) if the civil servant held, immediately prior to his appointment to his probationary position, a position which is not an established position (in this paragraph referred to as his previous position), the appropriate authority shall terminate his appointment to his probationary position and, in that event, the civil servant may, if the Minister consents, forthwith be appointed to a position which is not an established position (being a position which is, either (i) in the same grade as that of his previous position or (ii) in a grade or rank which in the Minister's opinion is equivalent to or lower than the grade of his previous position) to be designated by the Minister.

Retiring age for civil servants.

8.—(1) In this section, “the retiring age” means—

(a) in relation to a civil servant who is an officer to whom the Act of 1919 applies, sixty years,

(b) in relation to any other civil servant, sixty-five years.

(2) (a) The appropriate authority may, notwithstanding section 5, require any civil servant who is an officer to whom the Act of 1919 applies, and who has attained the age of fifty-five years or any other civil servant who has attained the age of sixty years to retire, and such civil servant shall retire accordingly.

(b) Paragraph (a) of this subsection does not apply to a transferred officer who is an established civil servant.

(3) Every civil servant shall retire on attaining the retiring age.

(4) Notwithstanding anything in the preceding subsections of this section the appropriate authority may, with (provided the appropriate authority is not the Government or the Minister) the consent of the Minister (who may from time to time prescribe such conditions as he thinks fit governing the employment under this subsection of civil servants beyond the normal retiring age)—

(a) direct that the retiring age of an established civil servant may be raised by a period not exceeding three calendar months,

(b) direct that an established civil servant who reaches the retiring age may be retained in the Civil Service until he attains an age not exceeding, in case he is an officer to whom the Act of 1919 applies, sixty-five years or, in any other case, seventy years, and in that case any service rendered by him after the retiring age or, if his retiring age is raised under paragraph (a) of this subsection, his retiring age as so raised shall, notwithstanding anything contained in section 22 of the Superannuation Act, 1936 (No. 39 of 1936), not be reckoned as established service,

(c) direct that the retiring age of a civil servant who is not an established civil servant may be raised to any age not exceeding seventy-five years.

(5) Subsections (1), (2), (3) and (4) of this section do not apply to—

(a) the Master of the High Court, or

(b) a Taxing Master, or

(c) a County Registrar, or

(d) the Registrar of Titles, or

(e) the Registrar of Deeds, if appointed to that Office by the Government under section 7 of the Registration of Title Act, 1942 (No. 26 of 1942), or

(f) a civil servant to whom subsection (5) of section 63 of the Court Officers Act, 1926 (No. 27 of 1926), applies.

(6) Nothing in this section shall be construed as affecting section 10 of the Act of 1859 or the said section 10 as applied by subsection (1) of section 1 of the Act of 1919.

Retirement on the ground of ill-health.

9.—(1) In this section “medical referee” means a registered medical practitioner appointed by the Minister to be a medical referee for the purposes of this section.

(2) Whenever—

(a) the appropriate authority is satisfied, on medical evidence, that an established civil servant has become, by reason of infirmity of mind or body, incapable of discharging the duties of his position and that such infirmity is likely to be permanent, and

(b) such civil servant has not tendered his resignation, and

(c) a notice has, at the instance of the appropriate authority, been served by registered post on such civil servant requesting him to resign from the Civil Service on or before a specified date, which said date (in this subsection hereinafter referred to as the appointed date) shall not be less than thirty days from the date on which the notice is posted, the following provisions shall, notwithstanding anything contained in section 5, have effect—

(i) if, before the appointed date, the appropriate authority receives such civil servant's resignation and the resignation is stated to have effect from a specified day, not later than the appointed date, his resignation shall take effect on the day so specified,

(ii) if, before the appointed date, the appropriate authority receives such civil servant's resignation and the resignation either specifies no effective day or a day which is later than the appointed date, his resignation shall take effect on the appointed date,

(iii) if the appropriate authority does not, before the appointed date, receive such civil servant's resignation or an application to have his case referred to a medical referee, he shall be deemed to have resigned from the Civil Service on the ground of ill-health on the appointed date,

(iv) if the appropriate authority, before the appointed date, receives from the civil servant an application to have his case referred to a medical referee and there is sent with the application such fee as may be fixed by the Minister—

(I) the appropriate authority shall refer his case to a medical referee for investigation,

(II) if it appears from the report of the medical referee that such infirmity is not likely to be permanent, the notice shall be deemed to be withdrawn and there shall be paid to the civil servant a sum equal to the said fee and also, if any expenses for travelling and maintenance were, in the opinion of the Minister, reasonably and properly incurred by such civil servant in connection with the reference, such sum in respect of those expenses as the Minister may determine,

(III) if it appears from the report of the medical referee that such infirmity is likely to be permanent the appropriate authority shall cause a notice (in this subsection referred to as the second notice) to be served by registered post on such civil servant stating the effect of the report and requiring him to tender his resignation within ten days after the date of posting of the second notice, and, in default of his so doing, such civil servant shall be deemed to have resigned from the Civil Service on the ground of ill-health on the appointed date or the tenth day after the posting of the second notice, whichever is the later.

(3) The preceding subsections of this section do not apply to (a) a civil servant serving on probation, unless immediately prior to his appointment to his probationary position he held an established position, or (b) a transferred officer who is an established civil servant.

(4) Nothing in this section shall be construed as affecting section 10 of the Act of 1859 or the said section 10 as applied by subsection (1) of section 1 of the Act of 1919, or subsection (2) of section 8.

Retirement of women civil servants on marriage.

10.—(1) Women holding positions in the Civil Service, other than positions which are declared excepted positions under subsection (2) of this section, are required to retire on marriage.

(2) The Minister may from time to time declare any particular positions (not being established positions) or class of positions (not being established positions) to be excepted positions for the purposes of subsection (1) of this section.

Re-admission to the Civil Service of certain widows.

11.—(1) In this section—

“the proper authority” means in relation to a widow to whom this section applies, the authority who, if she had continued to serve in the position she held immediately prior to her retirement on marriage (in this section referred to as her original position) up to the date an application is made by her under subsection (2) of this section would be the appropriate authority in relation to her;

“widow to whom this section applies” means a woman who—

(a) was a civil servant, and

(b) retired from the Civil Service on marriage, and

(c) is for the time being a widow.

(2) Where a widow to whom this section applies makes an application to the proper authority for re-admission to the Civil Service the following provisions shall, subject to subsection (3) of this section, have effect:—

(a) if her original position was an established position she may, before it is decided to grant or refuse her application, be required to serve on trial for such period and in such position (not being an established position) as the Minister may determine;

(b) if there is a suitable vacancy in a position which fulfils the conditions set out in paragraph (d) of this subsection and the proper authority would be the appropriate authority in relation to a civil servant holding that position then the proper authority may, if he thinks fit, appoint her to fill the vacancy in that position;

(c) if, in the absence of a vacancy in a position of the type referred to in paragraph (b) of this subsection, there is a suitable vacancy in another position which fulfils the conditions set out in paragraph (d) of this subsection the authority (not being the proper authority) who would be the appropriate authority in relation to a civil servant holding that position may, if he thinks fit, appoint her to fill the vacancy in that position;

(d) the following provisions shall apply in relation to the position to which a widow to whom this section applies may be appointed under paragraph (b) or (c) of this subsection—

(i) it shall be either—

(I) in the same grade as that of her original position, or

(II) in such grade or rank (being one which, in the opinion of the Minister, is equivalent to or lower than her original position) as the Minister may determine,

(ii) if her original position was an established position, it may be either an established position or a position which is not an established position,

(iii) if her original position was not an established position, it shall be a position which is not an established position.

(3) (a) The Minister may from time to time prescribe conditions governing appointments under subsection (2) of this section and no widow to whom this section applies shall be so appointed unless such conditions are fulfilled.

(b) An authority (being the proper authority or an appropriate authority) who is not the Minister shall not exercise any power conferred on him by this section except with the consent of the Minister.

Re-call of person under section 11 of the Act of 1859.

12.—Where it is proposed to call upon a superannuated person to fill an established position under section 11 of the Act of 1859, such person may, if the Minister so directs, be required, before any decision is taken on the proposal, to serve on trial in the Civil Service in such position (not being an established position) and on such conditions as the Minister may determine.

Suspension of civil servants from duty.

13.—(1) A suspending authority may suspend a civil servant if—

(a) it appears to that suspending authority that the civil servant has been guilty of grave misconduct or of grave irregularity warranting disciplinary action, or

(b) it appears to that suspending authority that the public interest might be prejudiced by allowing the civil servant to remain on duty, or

(c) a charge of grave misconduct or grave irregularity is made against the civil servant and it appears to that suspending authority that the charge warrants investigation.

(2) A suspending authority may terminate the suspension of a civil servant suspended under subsection (1) of this section.

Remuneration of civil servant suspended from duty.

14.—(1) Where a suspending authority terminates the suspension of a civil servant by restoring him to duty and the appropriate authority is satisfied that the civil servant has not been guilty of misconduct or irregularity (including misconduct or irregularity charged against him after suspension), the civil servant shall be paid ordinary remuneration in respect of the period of suspension.

(2) Where a suspending authority terminates the suspension of a civil servant by restoring him to duty and subsection (1) of this section does not apply—

(a) the appropriate authority, if satisfied that considerations of equity so require, shall direct that ordinary remuneration, in whole or part, as the appropriate authority may direct, shall be paid to the civil servant in respect of the period of suspension,

(b) before the appropriate authority decides not to give a direction under paragraph (a) of this subsection or decides to give a direction under that paragraph for payment of part only of ordinary remuneration, the civil servant shall be given an opportunity of making to the appropriate authority any representations he may wish to offer.

(3) Where the suspension of a civil servant is terminated by his dismissal from office, the appropriate authority, if satisfied that considerations of equity so require, shall direct that ordinary remuneration in whole or in part, as the appropriate authority may direct, be paid to him in respect of the period of suspension.

(4) (a) Save in accordance with subsections (1), (2) or (3) of this section, a civil servant who is suspended shall not be paid remuneration in respect of the period of suspension.

(b) Where a civil servant is suspended and satisfies the appropriate authority that, by reason of the prolongation of the investigation into his case, undue hardship is being caused, nothing in paragraph (a) of this subsection shall prevent the appropriate authority from authorising, for the mitigation of hardship, payment of such proportion as that appropriate authority thinks fit of the remuneration which would, but for his suspension, have been payable to such civil servant.

Disciplinary measures.

15.—(1) (a) Where, in the opinion of the appropriate authority, a civil servant has, in relation to his official duties, been guilty of misconduct, irregularity, neglect or unsatisfactory behaviour, but a loss of public moneys or public funds has not resulted therefrom, the appropriate authority may, subject to subsection (5) of this section, do either or both of the following things—

(i) place the civil servant on a lower rate of remuneration,

(ii) reduce the civil servant to a specified lower grade or rank.

(b) Where the rate of remuneration of a civil servant (in this paragraph referred to as his original rate) has been reduced by reason of his being placed, under paragraph (a) of this subsection, on a lower rate (in this paragraph referred to as his reduced rate)—

(i) the appropriate authority may subsequently either, as he thinks fit, place him on his original rate or on a rate of remuneration between his original rate and his reduced rate,

(ii) if the appropriate authority places him, under subparagraph (i) of this paragraph, on a rate of remuneration between his original rate and his reduced rate, he may subsequently place him on his original rate.

(c) Where a civil servant is reduced to a lower grade or rank in pursuance of paragraph (a) of this subsection, the appropriate authority may subsequently re-appoint him to his original grade or rank.

(2) (a) Where, in the opinion of the appropriate authority, a civil servant has, in relation to his official duties, been guilty of misconduct, irregularity, neglect or unsatisfactory behaviour and a loss of public moneys or public funds has resulted therefrom and the case is not one which, in accordance with arrangements made under subsection (2) of section 17, is to be referred to the Minister, the appropriate authority may, subject to subsection (5) of this section,

(i) place the civil servant on a lower rate of remuneration, or

(ii) reduce the civil servant to a specified lower grade or rank, or

(iii) place the civil servant on a lower rate of remuneration and also reduce him to a specified lower grade or rank.

(b) Where the rate of remuneration of a civil servant (in this paragraph referred to as his original rate) has been reduced by reason of his being placed, under paragraph (a) of this subsection, on a lower rate (in this paragraph referred to as his reduced rate)—

(i) the appropriate authority may subsequently either, as he thinks fit, place him on his original rate or on a rate of remuneration between his original rate and his reduced rate,

(ii) if the appropriate authority places him, under subparagraph (i) of this paragraph, on a rate of remuneration between his original rate and his reduced rate, he may subsequently place him on his original rate.

(c) Where a civil servant is reduced to a lower grade or rank in pursuance of paragraph (a) of this subsection, the appropriate authority may subsequently re-appoint him to his original grade or rank.

(3) (a) Where, in the opinion of the Minister, a civil servant has, in relation to his official duties, been guilty of misconduct, irregularity, neglect or unsatisfactory behaviour and a loss of public moneys or public funds has resulted therefrom and the case is one which in accordance with arrangements made under subsection (2) of section 17 is to be referred to the Minister, the appropriate authority shall, subject to subsection (5) of this section, refer the case to the Minister and, if the Minister so directs and as may be so directed, shall—

(i) place the civil servant on a lower rate of remuneration, or

(ii) reduce the civil servant to a specified lower grade or rank, or

(iii) place the civil servant on a lower rate of remuneration and also reduce him to a specified lower grade or rank.

(b) Where the rate of remuneration of a civil servant (in this paragraph referred to as his original rate) has been reduced by reason of his being placed, under paragraph (a) of this subsection, on a lower rate (in this paragraph referred to as his reduced rate)—

(i) the appropriate authority may, with the consent of the Minister, subsequently either, as he thinks fit, place him on his original rate or on a rate of remuneration between his original rate and his reduced rate,

(ii) if the appropriate authority places him, under subparagraph (i) of this paragraph, on a rate of remuneration between his original rate and his reduced rate, he may subsequently, with the consent of the Minister, place him on his original rate.

(c) Where a civil servant is reduced to a lower grade or rank in pursuance of paragraph (a) of this subsection, the appropriate authority may, with the consent of the Minister, subsequently re-appoint him to his original grade or rank.

(4) If any question arises under paragraph (a) of subsection (1) of this section or paragraph (a) of subsection (2) of this section or paragraph (a) of subsection (3) of this section as to whether a particular grade or rank is a lower grade or rank, the question shall be determined by the Minister.

(5) The civil servant concerned shall, before any action is taken under paragraph (a) of subsection (1) of this section or paragraph (a) of subsection (2) of this section or a reference is made to the Minister under paragraph (a) of subsection (3) of this section, be afforded an opportunity of making to the appropriate authority any representations he may wish to offer.

(6) The preceding subsections of this section do not apply to a civil servant holding a position to which he was appointed by the Government.

Unauthorised absences from duty.

16.—(1) A civil servant shall not be paid remuneration in respect of any period of unauthorised absence from duty.

(2) If any question arises as to whether a particular period of absence from duty of a civil servant is a period of unauthorised absence from duty the question shall be determined by the appropriate authority.

Miscellaneous powers of the Minister in relation to the Civil Service.

17.—(1) The Minister shall be responsible for the following matters—

(a) the regulation and control of the Civil Service,

(b) the classification, re-classification, numbers and remuneration of civil servants,

(c) the fixing of—

(i) the terms and conditions of service of civil servants, and

(ii) the conditions governing the promotion of civil servants.

(2) The Minister may, for the purpose of subsection (1) of this section, make such arrangements as he thinks fit and may cancel or vary those arrangements.

(3) Any arrangements made by the Minister before the commencement of this Act in relation to any of the matters mentioned in subsection (1) of this section and not cancelled before such commencement shall continue in force and be deemed to have been made under subsection (2) of this section.

Payment of remuneration of civil servants.

18.—The remuneration of every civil servant, as determined by the Minister, shall, subject to the provisions of any other enactment providing for the payment of his remuneration, be paid out of moneys provided by the Oireachtas.

Appointment of members of the staff of the Houses of the Oireachtas and officers of the Attorney General.

19.—It is hereby declared that the power of appointing a person to be a member of the staff of the Houses of the Oireachtas or to be an officer of the Attorney General is vested in the Taoiseach and was, as respects any such appointment made before the coming into operation of the Constitution, vested in the President of the Executive Council and, as respects any such appointment made after the coming into operation of the Constitution and before the commencement of this Act, vested in the Taoiseach.

Operation of the Act.

20.—(1) This Act shall cease to apply to members of the staff of the Houses of the Oireachtas on whichever of the following dates is the earlier—

(a) the date on which a future Act making provision in relation to the regulation, control and management of members of the staff of the Oireachtas comes into operation,

(b) two years from the commencement of this Act.

(2) This Act applies to—

(a) persons who are civil servants at the commencement of this Act as well as to persons who become civil servants after the commencement of this Act,

but does not apply to—

(b) a Lay Commissioner of the Irish Land Commission, or

(c) save as is provided by subsection (4) of section 3, an officer of the Houses of the Oireachtas, or

(d) a civilian employed by the Minister for Defence under section 30 of the Defence Act, 1954 (No. 18 of 1954).

(3) Nothing in this Act shall be construed as affecting—

(a) section 13 of the British Statute (17 & 18 Vic. c. 99) passed in the year 1854 and entitled “An Act to provide for the Establishment of a National Gallery of Paintings, Sculpture, and the Fine Arts, for the Care of a Public Library, and the Erection of a Public Museum, in Dublin”, or

(b) subsection (4) of section 3 of the Court Officers Act, 1926 (No. 27 of 1926).

(4) Nothing in sections 13 to 16 shall be construed as affecting the Rules for the Government of Prisons, 1947 ( S.R. & O. No. 320 of 1947 ).

(5) Nothing contained in any enactment passed before the commencement of this Act which is inconsistent with this Act shall be construed as affecting the operation of this Act.

(6) Where any question arises whether, for the purposes of this Act, any particular position is or was a position in the Civil Service or any particular person is or was a civil servant, the question shall be decided by the Minister, whose decision shall be final.

Administrative expenses.

21.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.

Repeals and saving.

22.—(1) The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

(2) Any regulations made under any enactment repealed by subsection (1) of this section and in force immediately before the commencement of this Act shall, notwithstanding the repeal of that enactment, continue in force, but may from time to time be amended or revoked by the Minister.

Short title and commencement.

23.—(1) This Act may be cited as the Civil Service Regulation Act, 1956.

(2) This Act shall come into operation on such day as may be fixed therefor by order of the Government.

SCHEDULE.

Enactments Repealed.

Section 22 (1).